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A Report by Reporters Without Borders and the Shift News

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A report by Reporters Without Borders and The Shift News 15 October 2019 CONTENTSI Acknowledgements 2 Executive Summary 3 1 - Chapter One: An unthinkable act 4 2 - Chapter Two: Investigating the assassination 7 3 - Chapter Three: The magisterial inquiry and police interference 20 4 - Chapter Four: Malta’s deteriorating press freedom climate 25 5 - Chapter Five: The international reaction 35 6 - Chapter Six: An urgent need for an independent and impartial public inquiry 42 Concluding observations and recommendations 46 ACKNOWLEDGEMENTS This publication is a joint report of Reporters Without Borders (RSF) and The Shift News, researched and co-authored by RSF UK Bureau Director Rebecca Vincent and The Shift News Founder and Editor Caroline Muscat. Editorial support was provided by RSF Editor-in-Chief Bertin Leblanc and the Head of RSF’s EU-Balkans Desk, Pauline Adès-Mével, with proofreading done by RSF UK Programme Assistant Katie Fallon. This report has been published with the kind financial support of the Justice for Journalists Foundation. 2 EXECUTIVE SUMMARYN On 16 October 2017, journalist Daphne Caruana Galizia was assassinated by a car bomb that detonated near her home in Bidnija, Malta – an act that was previously unthinkable in an EU state. Caruana Galizia was the country’s most prominent journalist, known for her courageous investigative reporting exposing official corruption in Malta and beyond, including her reporting on the Panama Papers. A full two years on, there has still been no justice for this heinous assassination, which has shed light on broader systemic failings with regard to Malta’s press freedom climate, rule of law, and democratic checks and balances. Over the course of two years, Malta has experienced one of the world’s sharpest declines on Reporters Without Borders’ (RSF’s) World Press Freedom Index, falling 30 places to a current ranking of 77th out of 180 countries. Journalists continuing to pursue public interest investigative reporting in Malta remain at great risk, and citizen journalists and activists who remain vigilant in the campaign for justice are subjected to pressure and abuse. RSF and The Shift have co-authored this report to examine the circumstances surrounding Caruana Galizia’s assassination, the flawed investigation that followed, the international reaction to date, and the next steps urgently needed to ensure full justice is carried out without further delay. This report has been developed under a project funded by the Justice for Journalists Foundation. Chapter One outlines the assassination of Daphne Caruana Galizia, background on her courageous investigative journalism, and implications for the safety of journalists and press freedom across Europe. Chapter Two examines the flawed police investigation that followed, and where things currently stand. Chapter Three explores the magisterial inquiry and police interference that has risked compromising it. Chapter Four describes the broader state of press freedom and journalism in Malta, including extensive online trolling, a continued dehumanization campaign, and threats against the press. Chapter Five outlines key reactions and findings of international bodies, and Chapter Six delves into the crucial and urgent need for a public inquiry into Caruana Galizia’s assassination. At the end of the report, RSF and The Shift have set out a series of recommendations to the Maltese authorities and the international community to ensure full justice is carried out. Crucially, a fully independent and impartial public inquiry must be established without further delay – a step which will require greater political pressure from international organisations such as the Council of Europe, as well as countries with strong bilateral relations with Malta, including the United Kingdom. RSF and The Shift remain committed to the pursuit of justice for Daphne Caruana Galizia until every person involved in the planning and carrying out of this heinous attack – including the masterminds – are brought to justice. 3 CHAPTER ONE: AN UNTHINKABLE ACT “ They would gladly see me dead, which appears to be the only way that I will shut up.” Daphne Caruana Galizia, 5 June 20171 “ There are crooks everywhere you look now. The situation is desperate.” Daphne Caruana Galizia, 16 October 20172 © Jon Borg On 16 October 2017, a previously unthinkable act on a small island in the Mediterranean caught the world’s attention. News broke of the assassination of a journalist in broad daylight in a European Union (EU) state. Malta’s most prominent journalist, Daphne Caruana Galizia, had been brutally murdered by a car bomb that detonated as she drove away from her home in Bidnija. Caruana Galizia had been known for her courageous investigative reporting, including on the Panama Papers, which had earned her the description by Politico as “a one- woman WikiLeaks, crusading against untransparency and corruption in Malta.”3 Through her blog, Running Commentary,4 which she had launched nearly 10 years prior to her assassination,5 Caruana Galizia had meticulously documented acts of official corruption in Malta, in witty, acerbic posts that set the news agenda in the country and infuriated her critics. Shortly before leaving her home on that ill-fated October day, Caruana Galizia had published what would be her final blog post, related to a court case brought by the Maltese Prime Minister’s Chief of Staff Keith Schembri against the former opposition leader Simon Busuttil. Her last written words were haunting: “There are crooks everywhere you look now. The situation is desperate.” 1. https://daphnecaruanagalizia.com/2017/06/ill-back-line-day-two/ 2. https://daphnecaruanagalizia.com/2017/10/crook-schembri-court-today-pleading-not-crook/ 3. https://www.politico.eu/list/politico-28-class-of-2017-ranking/daphne-caruana-galizia/ 4. https://daphnecaruanagalizia.com 5. https://rsf.org/en/news/ten-years-after-launch-blog-murdered-maltese-journalist-daphne-caruana-gal- izia-faces-0 4 Schembri was a frequent subject of Caruana Galizia’s reporting, and was among a number of public officials responsible for instigating various forms of pressure against her, which intensified in the months leading to her assassination. In fact, nearly two years later, Schembri continues to pursue two vexatious defamation cases against Caruana Galizia, creating a significant burden and source of pressure for her family. At the time of publication of this report, Schembri’s cases were among 26 defamation suits that continue against Caruana Galizia posthumously, alongside cases brought by Prime Minister Muscat – who is also pursuing a suit against Caruana Galizia’s son, Matthew –Minister for Tourism Konrad Mizzi, and others close to Malta’s ruling elite. This unthinkable act of violence in Malta marked the start of a dark period for journalism in Europe – the region that has long respected press freedom the most, but that year experienced the sharpest worldwide decline. For its part, Malta has now fallen 30 places over two years in RSF’s World Press Freedom Index, where it now occupies a poor ranking of 77th out of 180 countries.6 Four months after Caruana Galizia’s murder, on 21 February 2018, Slovak investigative journalist Ján Kuciak was shot dead in a contract-style killing alongside his fiancée Martina Kušnírová in their home in Slovakia. Later that year, on 6 October 2018, journalist Viktoria Marinova was brutally raped and murdered in a park in Bulgaria.7 Although the motive for her murder has still not been confirmed, Marinova had presented a television programme on an investigation into suspected fraud involving EU funds. A string of threats and attacks were reported across the continent, in EU states such as Bulgaria8 and Croatia9 and in Balkans countries Serbia and Montenegro. An assassination attempt against Sicilian mafia expert Paolo Borometti was foiled by police in Italy, where around 20 journalists are reported to be under 24-hour police protection.10 Thousands gather for a national rally to demand justice for murdered Maltese journalist and anti-corruption blogger Daphne Caruana Galizia in Valletta, the island’s capital, on 22 October 2017. © Matthew Mirabelli/ AFP Although there have been problems with the investigations in Slovakia and Bulgaria – and RSF retains serious concerns about the rushed investigation and trial in Marinova’s case – only in Malta has the investigation yielded so few results a full two years on. Only 6. https://rsf.org/en/ranking/2019 7. https://rsf.org/en/news/rsf-calls-protection-murdered-bulgarian-journalists-colleagues 8. https://rsf.org/en/reports/new-rsf-report-obstacles-investigative-journalism-bulgaria 9. https://rsf.org/en/news/croatian-governments-oppressive-silence-about-attacks-journalists 10. https://rsf.org/en/2019-rsf-index-has-dam-burst-europe 5 in Malta does the hate campaign against an assassinated journalist continue with such vitriol, including the daily destruction of a protest memorial under government orders. Only in Malta do senior governmental officials continue to claim they are working towards justice in the case, whilst simultaneously blocking efforts to establish a truly independent and impartial public inquiry into Caruana Galizia’s assassination. There has been no admission of any degree of political responsibility for the climate that allowed for a journalist to be murdered in Malta – a sharp contrast from the political response in Slovakia, where Kuciak’s assassination created a political crisis leading to the resignation of Prime Minister Robert
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